[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3573-S3574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 552. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title II, add the following:

     SEC. ___. DEFENSE MICROELECTRONICS AGENCY.

       (a) Establishment.--There is established in the Department 
     of Defense a Defense Microelectronics Agency--
       (1) to provide executive leadership to formally meet the 
     microelectronics requirements of all elements of the 
     Department; and
       (2) to provide an assured, trusted source for integrated 
     circuits, ranging from obsolete and legacy components to 
     state-of-the-practice and state-of-the-art microelectronics 
     for the Department.
       (b) Functions.--The functions of the Defense 
     Microelectronics Agency are as follows:
       (1) Establishing a public private partnership to initiate a 
     Government owned, contractor operated (GOCO) facility for the 
     manufacture of microelectronics for the Department in order 
     to provide the supply

[[Page S3574]]

     chain security, dependability, and expediency required to 
     cost effectively address national defense needs of the United 
     States. Such partnership shall enable access to state-of-the-
     art technology in an environment that can accommodate top-
     secret activities.
       (2) Creating an annual, moving estimate of 5- and 10-year 
     future microelectronics needs of the Department, including 
     processes and design methods.
       (3) Collecting and organizing known and projected 
     technology requirements of the Department relating to 
     microelectronics.
       (4) Enhancing, shaping, and directing Department 
     microelectronics science and technology budgets and programs 
     in research, development, test, and evaluation to assure the 
     requirements collected and organized under paragraph (3) are 
     met.
       (5) Tracking and analyzing microelectronics industry 
     capabilities, including trusted technology and production 
     capabilities.
       (6) Performing outreach and industry coordination on all 
     matters relating to the functions under this subsection via 
     external advisory groups and industry associations.
       (7) Arranging trusted foundry capacity as needed at all 
     tier levels and defining their funding models.
       (8) Issuing Departmentwide directions, policies, and 
     procurement regulations relating to microelectronics.
       (9) Overseeing the acquisition of all microelectronics 
     within the Department of Defense including subsystems within 
     procurement programs.
       (c) Requirements.--
       (1) Establishing and publishing department policies.--(A) 
     The Defense Microelectronics Agency shall establish and 
     publish policies for the Department on the criticality of 
     access to advanced integrated circuit technologies and the 
     need for microelectronics science and technology and research 
     and development funding.
       (B)(i) The Defense Microelectronics Agency shall define and 
     provide guidance on a subset of microelectronics components 
     that require special considerations for trustworthiness.
       (ii) The guidance required by clause (i) shall include 
     direction as to when the Department must assure commercial-
     off-the-shelf component trustworthiness.
       (2) Review of funding levels.--The Defense Microelectronics 
     Agency shall review and determine if microelectronics science 
     and technology and research and development funding levels of 
     the Department are consistent with new priorities.
       (3) Formal approach to interagency and interdepartmental 
     working groups.--(A) The Defense Microelectronics Agency 
     shall institutionalize a formal approach to interagency and 
     interdepartmental working groups, including Department of 
     Defense, Department of Energy, and the intelligence 
     community, in order to examine threats to and means of 
     verifying trustworthiness of microelectronic components.
       (B) Such groups shall continually evaluate the state of the 
     art of techniques such as tamper-proof design, life testing, 
     reverse engineering and chip and package testing for their 
     practicality for Department of Defense use.
       (C) Such working groups shall focus on techniques for 
     assuring trustworthiness of embedded processors and memories 
     in array and system-on-a-chip components.
       (4) Components requiring highest degree of 
     trustworthiness.--(A) The Defense Microelectronics Agency 
     shall establish criteria and process guidelines for 
     Department of Defense programs and Department prime 
     contractors on how to identify or classify components 
     requiring the highest degree of trustworthiness.
       (B) The Defense Microelectronics Agency shall develop 
     procedures and techniques to evaluate the need for 
     trustworthiness of each microelectronic component in 
     Department systems.
       (d) Transfer of Functions.--
       (1) Defense microelectronics activity.--All functions and 
     resources of the Defense Microelectronics Activity are hereby 
     functions and resources of the Defense Microelectronics 
     Agency.
       (2) Research, develop, testing, and engineering.--All 
     research, development, testing, and engineering functions of 
     the Department relating to microelectronics or semiconductors 
     and all funding appropriated or otherwise made available to 
     the Department for such functions are hereby functions and 
     funding appropriated or otherwise made available for the 
     Defense Microelectronics Agency.
                                 ______